Introduction
Cyberbullying—ranging from online harassment, trolling, doxxing, cyberstalking to image-based abuse—has escalated in India with expanding digital access. Yet India lacks a dedicated cyberbullying statute. Instead, prosecutions rely on a combination of the Information Technology Act, 2000, sections of the Indian Penal Code, recent Bharatiya Nyaya Sanhita (BNS) 2023, and child-protection laws. The Supreme Court’s Shreya Singhal v. Union of India (2015) judgment struck down Section 66A of the IT Act, striking off an old catch‑all but leaving a legislative void. Victims often face hurdles in obtaining timely justice due to fragmented enforcement and weak definitions of emerging online harms.pathlegal.in+4IAS Gyan+4YOUR LAW ARTICLE+4Wikipedia+5ijlra.com+5IAS Gyan+5
Existing Legal Provisions Addressing Cyberbullying
➤ Information Technology Act, 2000
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Section 66C: Identity theft via misuse of another’s digital credentials (up to 3 years imprisonment or ₹1 lakh fine).LawBhoomi+1IAS Gyan+1
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Section 66D: Cheating by impersonation using electronic communication, covering fake profiles or catfishing (similar penalties).ijlra.com+1LawBhoomi+1
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Section 66E: Violation of privacy by capture or transmission of intimate images/videos without consent (punishable by up to 3 years or ₹2 lakh fine).iPleaders+15LawBhoomi+15ijlra.com+15
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Sections 67, 67A, 67B: Publishing obscene or sexually explicit content electronically—especially revenge porn or child sexual material—carry stiff penalties: up to 3–5 years imprisonment and fines up to ₹10 lakh.LawBhoomi
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Section 72: Penalizes breach of confidentiality or privacy—e.g. unauthorized publication of private messages or photos.ijlra.com
➤ Indian Penal Code (1860)
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Section 354D: Stalking and cyberstalking—persistent digital monitoring or harassment of women (3 years for first offence, 5 years for repeat).Legalkart+4ijlra.com+4YOUR LAW ARTICLE+4
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Section 499/500: Defamation—posting false statements harming reputation. Up to 2 years imprisonment or fine.pathlegal.in+2ijlra.com+2LawBhoomi+2
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Section 503/506: Criminal intimidation via threats online. Up to 2 years imprisonment.The Tribune+3ijlra.com+3Legalkart+3
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Section 509: Insulting the modesty of a woman via words or gestures (including online). Up to 3 years imprisonment.The Tribune+2ijlra.com+2LawBhoomi+2
➤ Bharatiya Nyaya Sanhita, 2023 (BNS)
The new criminal code replaces IPC and enhances cyber protections:
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Section 75: Online sexual harassment, including messages.
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Section 74: Assault to outrage modesty of women online.
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Section 351/196: Harassment and targeted intimidation based on group identity or defamation.LegalkartWikipedia+5IAS Gyan+5Study IQ Education+5YOUR LAW ARTICLE
➤ Child Protection Laws
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POCSO Act, 2012: Covers online sexual exploitation or grooming of children; applicable to cyber harassment involving minors.IAS Gyan+5ijlra.com+5Reddit+5
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Juvenile Justice Act, 2015: Prohibits identifying minors involved in cyber harassment cases; focuses on rehabilitation.YOUR LAW ARTICLE+2ijlra.com+2YOUR LAW ARTICLE+2
➤ Intermediary Guidelines & Digital Media Ethics Code, 2021
Requires platforms to establish grievance redressal officers and respond to cyber bullying complaints within 24 hours. Content removal mandated on valid grievance.lawvidhi.com
➤ Digital Personal Data Protection Act, 2023 (DPDPA‑2023)
Focuses on privacy rights and consent for personal data processing. However, it exempts “publicly available data,” raising vulnerability to doxxing and harassment.Study IQ Education+1IAS Gyan+1
Judicial Landmarks & Enforcement Bottlenecks
➤ Shreya Singhal v. Union of India (2015)
Struck down Section 66A as unconstitutional for vagueness and overbreadth, reaffirming digital free speech rights and limiting intermediary takedowns to court or government orders.LawBhoomi+11Wikipedia+11IAS Gyan+11
➤ Suhas Katti v. Tamil Nadu (2004)
One of India's earliest cyberbullying convictions under Section 67 IT Act—offender sent defamatory and obscene messages online, impersonated the victim. This led to rapid conviction by Chennai Cyber Crime Cell.ijlra.com+6Wikipedia+6YOUR LAW ARTICLE+6
➤ State of West Bengal v. Animesh Boxi (2018)
Delhi High Court convicted accused of hacking ex-girlfriend’s phone and sharing intimate images online, calling it “virtual rape” under Section 354D IPC.Legalkart+1LawBhoomi+1
Limitations & Enforcement Challenges
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Absence of a dedicated cyberbullying statute leaves strange gaps—prolonged anonymous abuse or trolling may not qualify as defamation, intimidation, or obscene.IAS Gyan
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Vague definitions amplify ambiguity—terms like doxxing, mob trolling, gaslighting or online humiliation remain under‑defined.indianexpress.com
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Enforcement is inconsistent. Police and cybercrime units often lack digital forensic expertise; evidence collection and FIR registration is delayed.The TribuneStudy IQ Education
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Platform accountability varies—though rules exist, platforms often fail to act swiftly or transparently, especially where anonymous tormentors misuse public data.IAS Gyan
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Privacy loopholes: DPDPA exemptions on publicly available data create risks for doxxing and harassment without recourse.Study IQ Education+1IAS Gyan+1
Recommendations for a Stronger Legal Response
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Enact Dedicated Cyberbullying Legislation
Define offences like harassment, non-consensual intimate content, stalking, doxxing, identity theft, and sustained online abuse—including gendered or mob-based harassment—with penalties and procedural clarity. -
Establish Fast-Track Grievance Mechanism
Appoint digital safety officers or cyber ombudsmen at district/state level with timelines for FIR registration, content removal, and interim protection orders. -
Clarify Privacy and Public Data Scope
Amend DPDPA to define “publicly available data” narrowly; prevent misuse of aggregated or personal data for cyber harassment; empower Data Protection Board to handle doxxing claims. -
Build Enforcement Capacity
Strengthen cybercrime cells across states with trained forensic teams, victim-support personnel, and awareness among police to handle digital trauma cases sensitively. -
Enhance Platform Responsibility & Transparency
Mandate public transparency reports from social media firms on resolution timelines, content takedowns, and compliance with intermediary rules. -
Include Education & Community Protocols
Integrate cyberbullying modules in school curricula and vocational training; encourage parental awareness campaigns and restorative justice mechanisms in universities and workplaces.
Conclusion
India continues to rely on a fragmented legal framework—spanning the IT Act, IPC, BNS 2023, and child protection statutes—to prosecute cyberbullying. Landmark decisions like Shreya Singhal and Suhas Katti affirm core rights and define severe abuse. But gaps remain in addressing the evolving forms of online harassment, from doxxing and mob‑trolling to image-based abuse.
What’s urgently needed: a comprehensive cyberbullying law with clear definitions, fast grievance mechanisms, platform accountability standards, data privacy safeguards, and enforcement capacity building. Only then can India move from reactive enforcement to preventive, rights‑based governance—ensuring safe, respectful digital spaces for all.